CAT decides that UK Claimants can proceed with carbon damages claims

15 Aug 2013 | by Caroline Sweeney

The CAT has granted an application by a number of UK companies to proceed with their claims for damages arising out of the carbon cartel.

The claims, which form part of the Deutsche Bahn proceedings, have been stayed pending the resolution of appeals concerning the limitation issue decided in Deutsche Bahn and Ors v Morgan Crucible and Ors [2012] EWCA Civ 1055.  However, in a ruling dated 15 August 2013, the CAT accepted the Claimants’ argument that it has jurisdiction to hear the claims of a number UK companies under Article 5(3) of the Brussels Regulation regardless of the outcome of the continuing appeal.  The CAT also concluded that, as a matter of case management, it was better that the UK Claimants claims should proceed now than  that they should remain stayed.  The CAT has given directions for the forward progress of the UK claims.

The UK Claimants were represented by Jon Turner QC and Rob Williams, who act for all of the Claimants in the proceedings.

Mersen, one of the Defendants to the proceedings, was represented by Kassie Smith QC.

Click here to read the full judgment of Deutsche Bahn UK – Judgment of the CAT – 15 August 2013.